Will France adopt a law requiring the notification of security breaches?

A French bill “to better guarantee the right to privacy in the digital age” has implemented the European Directive 2009/136/EC by requiring the data controller to inform the “Data Protection Correspondent” (a person within an organization who could be the controller or someone assisting the controller), or in the absence thereof, the French data protection authority (the Commission Nationale de l’Informatique et des Libertés), of a breach of integrity or confidentiality. Those involved in the breach must also be informed, at least if security breaches are “likely to adversely affect” their personal data. The bill follows the recommendation of the Directive to notify individuals of security breaches for all sectors, not just electronic communications. It was adopted by the French Senate on March 24, 2010 and is currently before the National Assembly.
(A French version of this article is also available in this blog.)

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Article 29 Data Protection Working Party reports on implementation of Data Retention Directive

The Article 29 Data Protection Working Party has adopted on July 13, 2010 a report on the EU Data Retention Directive (2006/24/EC). This report is the Working Party’s contribution to the evaluation of the implementation of the Data Retention Directive by the European Commission, which is due by September 15, 2010. The report details the results of a joint inquiry made by the data protection authorities about the compliance, at the national level, with the obligations of telecom providers and Internet service providers with both the Data Retention Directive and articles 6 and 9 of the EU e-Privacy Directive (2002/58/EC).

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The Safe Harbor Framework: not a “safe harbor” anymore for US companies? German expert body insists on stronger compliance stance

On April 29, 2010, the Düsseldorfer Kreis, an informal group of German data protection authorities, published a decision that could have significant repercussions on U.S. companies importing personal data from organizations operating in the European Union. One of these repercussions is that German organizations exporting personal data to the United States should check if the U.S. data importer does indeed comply with the Safe Harbor Framework. Security plan recommendations will provide for a useful guideline to E.U. data exporters to help them comply with the Safe Harbor’s Security Principle.

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